Common law marriage , also known as marriage sui juris , informal marriage , marriage by custom and reputation , or actual marriage is the legal framework in a number of jurisdictions where couples are legally considered married, without spouses formally registering their relationship as civil or religious marriages. The original concept of "general-law marriage" is a marriage deemed legitimate by both partners, but has not been officially registered with state or religious records, or celebrated in formal religious services. As a result, the actions of a couple representing themselves to others as married, and arranging their relationship as if they were married, act as evidence that they are married. Requirements for marriage of common law are recognized differently from one state to another.
The term general-law marriage has extensive informal usage, often to show relationships that are not legally recognized as common-law marriages. The term general-law marriage is often used colloquially or by the media to refer to couples living together, regardless of any legal rights that these couples may or may not have, which may create public confusion both in terms of terms and in connection with the legal rights of an unmarried partner.
Video Common-law marriage in the United States
Destination of income tax and other federal terms
Legal marriages are generally recognized for federal tax purposes if recognized by the state or jurisdiction in which the taxpayers currently reside, or in the country where the marriage laws begin. If marriage is recognized under the laws and customs of the country or jurisdiction where marriage takes place (even in a foreign country), the marriage is valid for tax purposes (Rev. Rul 58-66). The state or jurisdiction specific to marriage under general law must be acknowledged by the couple considering to file a joint return.
In February 2015, the United States Department of Labor issued an amended definition of "spouse" under the Family and Medical Leave Act of 1993 (FMLA) in response to decision v. Windsor Americans who recognize same-sex marriage. The new DOL Rules come into effect on March 27, 2015, and extend FMLA's employment and workplace protection to qualified employees in same-sex marriage or marriage under the laws of a state or jurisdiction where the status is legally recognized , regardless of the circumstances under which the employee is currently employed or resident. Therefore, even if the employer has an employee working where same-sex marriage or marriage is not recognized, the employee's spouse will trigger FMLA coverage if an employee is married in one of the many countries that recognizes same-sex marriage or ordinary marriage-law.
Maps Common-law marriage in the United States
Recognition by jurisdiction
Common-law marriages can be contracted in the District of Columbia and in nine states: Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas, and Utah. One country recognizes marriage according to law only for the purpose of endorsement: New Hampshire.
Common-law marriages can no longer be contracted in 27 countries, on given dates: Alabama (2016), Alaska (1917), Arizona (1913), California (1895), Florida (1968), Georgia (1997), Hawaii (1920 ), Maine (1652, when part of Massachusetts, then state, 1820), Massachusetts (1646), Michigan (1957)), (1941), New Jersey (1939), New Mexico (1860), New York (1933, also 1902-1908), North Dakota (1941) (1890), Ohio (1991), Pennsylvania (2005), South Dakota (1959) and Wisconsin (1917).
General-law marriages have never been allowed to be contracted in 13 countries: Arkansas, Connecticut, Delaware, Louisiana, Maryland, North Carolina, Oregon, Tennessee, Vermont, Virginia, Washington, West Virginia, and Wyoming.
Both the Guam and the Commonwealth of the Northern Mariana Islands recognize marriage by law.
All states, however, recognize the marriage laws that are legally contracted in other countries under the law of piety and choice of law/conflict of law. (The Full Faith and the Constitutional Credit Clause of the United States do not not apply to marriage of common law because they are not public acts (ie laws, ordinances, common law, etc.), not public records, court.)
Legal marriages are also common in Native American tribes. Among Native American tribes, for example, Navajo Nations permit legal marriages and allow their members to marry through traditional ceremonial processes and traditional processes. Otherwise, common-law marriages can no longer be contracted in any state.
Evidence of marriage under general law
All US jurisdictions provide, under their law of belief, that marriages legally contracted in other jurisdictions apply in their jurisdiction, unless they are unclean to public policy, for example, if marriage is polygamous or bigamous, or at least one of the parties is a minor. In the past, same-sex relations were not recognized by some countries, even if they were established in the countries that recognized them.
The problem is proving marriage in divorce or on the death of one party, if the marriage legality is contested. Since there is no marriage certificate, it is difficult to prove the marriage according to the existing law does exist.
Similar evidence problems may arise if the parties to a common-law marriage are not actually domiciled in the country in which they reside when they seek to contract marriage; or they may think they are contracting a marriage but they do not really obey the laws of the country where they live. The important question is whether the marriage is legally contracted under the laws of jurisdiction in which the parties allege their marriage is contracted.
Divorce in a marriage of common law
All countries - including those who have abolished general law marriage contracts within their boundaries - recognize common-law marriages legally contracted in the jurisdictions that permit it. Some states that do not recognize a legal marriage also grant a legal right to the parties to a suspected marriage (ie in circumstances where a person is not really married, for example due to the failure to obtain or complete a valid marriage certificate from the appropriate jurisdiction, believe in good faith that he married) who appeared before the invalidity of marriage was found. This is because all states state that the validity of a foreign marriage is determined by the lex loci celebrationis - that is, "by the law of the place of celebration." In addition, the full confidence and credit clause of the US Constitution, discussed below, requires all US states to recognize the legitimacy of official action of other US states. Thus, a legitimate marriage contracted in Ohio, including a public-legal marriage done before the country abolished a new general-law marriage in 1991, applies in Indiana, although common law marriages can not be legally contracted in Indiana, because Ohio Law is basic validity. However, under the same principle, a legitimate marriage not legally contracted in Ohio will not apply in Indiana even if it can be legally contracted there. In addition, some courts have stated that all marriages conducted in the US must apply in all states under the Full Faith and the US Constitution Credit Clause. However, none of the cases to date have actually used the Clause to validate sister-state marriages, and currently no known case of appeals on this matter, which is taking place in US courts, is likely to reach the US Supreme Court - - whose decisions will apply nationally, not just locally or in certain countries or federal circuits.
Note that there is no such thing as "divorce in public court" in the United States - that is, married couples can not end a joint legal marriage as easily as they enter into marriage. Only irregular marriage contracts; everything else about marriage is the same as a marriage that is licensed and commited regularly. Divorce or dissolution of marriage requires petitioning for divorce or dissolution in the appropriate court of law in their country.
A law in a state that recognizes marriage under general law
Requirements for legally-legal marriages that are legally contracted differ in 11 US jurisdictions that still allow them.
Colorado
The elements of general-law marriage are, with respect to both partners: (1) refraining as husband and wife; (2) approving marriage; (3) cohabitation; and (4) have a reputation in society as married. Different sources disagree about cohabitation requirements and some suggest that refinement (ie post-marital sex) is also an element of legal marriage. Colorado, by law, no longer recognizes public-law marriages entered by minors in Colorado, nor does it recognize foreign marriages with foreign laws perpetrated by minors, even if the marriage is to be valid at where it is put in under local law. See Sections 14-2-109.5, Colorado Revision Statute. The constitutionality of this restriction as applied to foreign marriages has not been tested in litigation.
Colorado, Montana, and Texas are the only US states that recognize marriage and marriage according to law.
District of Columbia
According to the District of Columbia Department of Human Services, the general-law marriage is "A legally recognized marriage even though there is no ceremony and no marriage certification.Common marriage is common if both persons are legally free to marry, if that is the intention of two people to build a marriage, and if both are known to the public as husband and wife. "
Common-law marriage has been recognized in the District of Columbia since 1931. Holding marriages of legal laws, the District Court of Appeals D. Laurence Groner said,
"We think it can now be argued that the agreement between men and women to be husband and wife, enhanced by cohabitation as husband and wife, is a legitimate marriage unless there is a presence in the State in which the treaty is made, a law stating the marriage it is illegitimate except to be worshiped in the prescribed way.We think it is equally true that the current rule is generally recognized is that the law requiring marriage to be preceded by a license or to be sanctified by religious ceremonies without the words zero as for contracted marriage instead is the only directory and failure to obtain a license or to go through a religious ceremony does not invalidate a marriage.... Nothing in the law stipulates that marriage is invalid unless agreed in the prescribed manner, nor does it declare any specific thing necessary for validity pern ikahan. The act restricts itself entirely by providing a means of authorizing the arrival and to the person authorized to perform the ceremony. Indeed, the statue itself states the purpose underlying the requirements for secure registration and marriage proofs rather than denying validity for marriages that are not done in accordance with its provisions. "
Iowa
Three elements of the marriage of common law are: (1) the present intent and agreement for marriage; (2) continuous cohabitation; and (3) public statements that the parties are husband and wife. Public or publicly held statements are considered an acid test of a marriage of common law.
Adm.Rule 701--73.25 (425) of the Iowa Administrative Code, entitled Common Law Marriage, states:
Marriage of common law is a social relationship that meets all necessary requirements of marriage except that it is not agreed upon, committed or witnessed by an official by law to conduct marriage. The necessary elements of a marriage of common law are: (a) the current intentions of both parties freely given to marriage, (b) public statements by the parties or holding the public that they are husband and wife, (c) ) cohabitation continuously together as husband and wife (this means the consummation of marriage), and (d) both parties must be able to enter the marriage relationship. There is no specific time limit required to enforce the marriage of common law.
Edit: 701--73.26 Rejected again, effective October 2, 1985.
This rule is intended to apply parts of Iowa Code 425.17.
Kansas
Under the Statute of Kansas 23-2502, the parties to the marriage of common law must be 18 years of age. The three conditions that must co-exist to establish a legal marriage in Kansas are: (1) the capacity to marry; (2) the current marriage agreement; and (3) embracing each other as husband and wife to the public.
Montana
Joint legal marriage is established when the spouse: "(1) is competent to enter marriage, (2) mutual consent and approves general marriage-law, and (3) living together and known in the community to become husband and wife."
New Hampshire
New Hampshire recognizes a general-law marriage only for the purposes of a will. In New Hampshire "[P] ersons live together and recognize each other as husbands and wives, and are generally regarded as such, for a period of 3 years, and until the death of one of them, after which it will be deemed to have been legally married. "Thus, the country posthumously recognizes a general-law marriage to ensure that the surviving spouse inherits without difficulty.
Oklahoma
The situation in Oklahoma has been unclear since the mid-1990s, with legal scholars reporting each of 1994, 1998, 2005, and 2010 as a public-legal marriage year abolished in the state. However, on September 12, 2016, the Oklahoma Tax Commission continued to symbolize marriage laws as a law there, and the Correction Department continued to refer to general-law marriages, although it could refer to older marriages. No reference to the prohibition appears in the relevant law; The 2010 bill seeks to remove the marriage of common law passing the state Senate, but dies on the House committee.
Oklahoma's general legal status is strongly contested, but on February 19, 2014, some Oklahoma executives continue to declare it legal, and a prohibited ban in 2010 can not be found in its laws.
Rhode Island
Criteria for common-law marriage are: (1) those who seriously want to enter into a husband-wife relationship; (2) the behavior of the parties is such a character that leads to the belief in the community that they are married.
South Carolina
The criteria for common-law marriage are: (1) when two parties have the intention of being present (usually, but not necessarily, evidenced by public and decisive declarations) to enter into the marriage contract; and (2) "mutual agreement between the parties to the husband and wife relationship." Regular legal marriages can dissolve in legal divorces and benefits.
Texas
The Texas Family Code, Sections 2.401 to 2405, determines how legal marriages (known as "marriages without formalities" and "informal marriages" in the text) can be set in one of two ways. Both parties must be at least 18 years of age to enter a general-law marriage.
First, spouses may submit a legally binding "Informal Marriage Statement", which is a legally binding document. The form must be completed by both marriage partners and be inaugurated or confirmed in the presence of the Registrar. The declaration was formally recorded as part of the Official Registry Note by Volume and Page number, and then forwarded by the Registrar to the Texas Bureau of Statistics, where it was again legally registered as official proof of marriage. This is the same procedure used when marriage licenses are issued and filed; the term "Informal" refers only to the fact that there is no formal (either civil or religious) marriage ceremony performed.
Secondly, the couple can fulfill a three-pronged test, showing evidence all of the following:
- first, the marriage agreement;
- after such an agreement, cohabitation in the State of Texas; and
- after such an agreement, a representative to another person (in the State of Texas) that both parties are married.
Regarding the second branch, in the actual text of the Texas Family Code, there is no specification on the length of time that couples should live together to meet these requirements. Thus, unofficial marriages may occur under Texas law if the spouses live together for as little as one day, if other requirements (agreement to marry and survive as married to the public) may be displayed.
Likewise, couples can live together for 50 years, but if they never have an agreement to marry, or refrain from being publicly married, 50 years living with them will not make them married informally under Texas law.
The dissolution of this type of marriage requires a formal Liberation Process or Divorce, as well as other more well-known 'ceremonial' marriage forms. However, if couples do not start the process to prove their relationship is marriage within two years after the end of their relationship and relationship, there is a legal presumption that they never married informally, but this assumption is arguable.
Utah
Utah's status with marriage in the country of law varies. The government website claims that legal marriages do not exist in Utah. However, other legal websites state that non-matrimonial relationships may be recognized as marriages within one year after the relationship ends. This is very similar to marriage according to law.
Utah recognizes a general-law marriage only if they have been validated by a court or administrative order. In order for the marriage of common law to be valid and valid, "the court or administrative order must establish that" the parties: (1) "are of legal age and are able to give consent"; (2) "legally capable of entering into marriages inaugurated under the provisions of Title 30, Chapter 1 of the Utah Code, (3)" living together "; (4)" mutually assuming marriage rights, duties and obligations "; 5) "regard themselves as and have acquired a uniform and common reputation as husband and wife" In Utah, the fact that the two parties are legally unable to enter the marriage of common law, as they are married, does not impede criminal liability for bigami or polygamy.
Also, non-matrimonial relationships may be recognized as marriages within one year after the relationship ends, through validation by the above-mentioned court or administrative order.
Regulations in states that do not recognize marriage under general law
Alabama
Since January 1, 2017, Alabama has abolished the marriage laws. The marriage of common law contracted before this date is still valid. A marriage of applicable laws exists when there is a capacity to enter into marriage; the parties must be at least 16 with the consent of a valid parent and a covenant or consent to marry, public recognition of the existence of marriage, and refinement.
California
The California Family Code Section 308 states that marriages legally contracted in other jurisdictions apply in California. Thus, marriage laws legally contracted in other jurisdictions apply in California although can not be legally contracted in California; and general law marriages that are not legally contracted in other US jurisdictions do not apply in California. All other states have similar legal provisions. The exception to this rule is a marriage considered by jurisdiction as "odious for public policy". In general, countries that have abolished legal marriages continue to recognize marriages contracted in the past (ie before the date they were removed).
Nevada
Nevada does not recognize marriage according to law. However, in Williams v. Williams, 120 Nev. 559, 97 P.3d 1124, 2004 Nev. LEXIS 84, 120 Nev. Adv. Rep. 64 (Nev. 2004), adopts the majority opinion of the alleged partner doctrine. This doctrine, accepted by the majority of countries, is when a marriage is found void due to previous legal obstacles. In Williams's case, his wife and husband filed marriage, licensed, held a ceremony, and both felt they were married. However, Mrs Williams's divorce to a previous husband was never registered. With a previously unlawful divorce, under Nevada law her marriage with Mr. Williams was void. She can not get married if she is still married. The Nevada court ruled that Mrs Williams was an alleged partner and for the purpose of a new divorce against Mr. Williams, the court would allow Mrs. Williams. Williams to appeal for community property just like any other couple.
Pennsylvania
The marriage law in a Pennsylvania household now reads: "No general legal marriage contracted after 1 January 2005 shall apply.. No part of this shall be deemed or taken to make marriage under general law lawful and contracted to or before January 1, 2005, is invalid. "The situation in Pennsylvania became unclear in 2003 when the middle-level appeals court was willing to abolish the marriage of common law even though the Supreme Court had admitted (although somewhat reluctantly) the legitimacy of a marriage of general law for only five years previous. The Pennsylvania legislature resolves most of the uncertainty by abolishing the general-law marriage that took place after January 1, 2005. However, it remains uncertain whether the Pennsylvania court will recognize marriage according to the law signed after the date of the Stamos decision and before the effective date of the law (that is, after September 17, 2003, and on or before January 1, 2005), as other intermediate courts have suggested that it may not follow Stamos's decision.
Notes and references
Further reading
- Bowman, Cynthia (1996). "Feminist Proposal for Bringing Back the Law of the Common Law". Oregon Legal Review . 75 (3): 709-780. Ã, Includes a detailed history of reasons for the recognition, noncognition and abolition of common law marriages in the United States from the colonial period to the century -20.
Source of the article : Wikipedia
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